FUNDAMENTAL POWERS OF THE STATE

Question 1

What are the inherent/fundamental powers of the state?

Answer 1

1. Taxation
2. Police Power
3. Eminent Domain (Expropriation)

Question 2

Who exercises the fundamental powers of the state?

Answer 2

It is exercised by legislature (Congress) and bestowed upon other government branches, hence, delegation of power.

Question 3

What is police power?

Answer 3

Power of the state to promote public welfare by restraining and regulating the use of liberty and property. (Most pervasive and least limitable)

It enables the state to prohibit that is hurtful to the common good.

Question 4

T or F

Police power can be delegated.

Answer 4

True. Police Power primarily rests in legislature, and such power may be delegated. There must be an enabling granting such Police Power (Example: Local Government Code, etc)

Question 5

What are the tests of a valid police power?

Answer 5

Means end test

1. Interest of the Public, generally distinguished from that of a particular class.
2. Means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals

Police power legislation must be firmly grounded on public interest and welfare and a reasonable relation must exist between the reason and the means.

Question 6

What is eminent domain?

Answer 6

Also known as Expropriation, it is the power of the state to take away private property for public use WITHOUT THE OWNER’S CONSENT conditioned upon payment of just compensation.

It is a coercive measure on the part of the state whereby private interests are impaired for the general welfare.

Question 7

What is State Immunity?

Answer 7

Aka Non Suability of the State, Doctrine of Sovereign Immunity, or Royal Prerogative of Dishonesty, is one of the generally accepted principles of international law, which we have adopted in our Constitution Article 16 Section 3.

It can be understood either as:

1. Domestic Concept
2. International concept

Question 8

Explain the Domestic Concept of State Immunity

Answer 8

As applied to the local state, it is based on the justification that there can be no legal right

Its purpose is to prevent the loss of governmental efficiency as a result of time and energy it would require to defend itself against lawsuits.

It also rests on reasons of public policy, that public service would be hindered.

Question 9

T or F

The state and its subdivisions can only be sued if it gives its consent.

Answer 9

True.

Question 10

How is consent given?

Answer 10

Express - when the law expressly grants authority to sue the state or any of its agencies either through special or general laws.

Implied - consent is implied when it enters into a contract or it itself commences a litigation.

Question 11

What is an unincorporated agency?

Answer 11

It is without any separate juridical personality of its own and enjoys immunity from suit because it is vested with inherent power of sovereignty. It can be further divided into:

1. Performing governmental functions - immunity can be upheld.
2. Performing proprietary functions -

Question 12

What is an incorporated agency?

Answer 12

It has a charter of its own with a separate juridical personality. The charter of an incorporated agency must EXPLICITLY PROVIDE THAT IT HAS WAIVED IMMUNITY FROM SUIT BY GRANTING IT WITH THE AUTHORITY TO BE SUED..

The test of suability is found in ITS CHARTER.

Question 13

T or F

The State may not be sued without its consent.

Answer 13

True. Art 16 Sec 3

Question 14

What are the elements of a State?

Answer 14

1. People
2. Territory
3. Sovereignty
4. Government

Question 15

What are the kinds of Sovereignty?

Answer 15

KINDS OF SOVEREIGNTY:
1. Legal – power to issue final commands or
make laws

2. Political – sum total of all the influences,
   legal and non-legal, which lie behind the law
3. Internal – supreme power over emitting
   within its territory
4. External – known as independent

Question 16

What is a de jure government?

Answer 16

A de jure government has rightful title but
no power or control, either because this has
been withdrawn from it or because it has not
yet entered into the exercise thereof.

Question 17

What is a de facto government?

Answer 17

A de facto government is a government of
fact, it actually exercises power or control but
without legal title.

Question 18

What are the kinds of de facto government?

Answer 18

Kinds of de facto government:
1. That takes possession or control of, or
usurps, by force or by the voice of the
majority, the rightful legal government
and maintains itself against the will of
the latter; [government de facto in a
proper legal sense]. Ex. Government of
England under the Commonwealth

2. That which is established by the invading
forces of an enemy who occupy a
territory in the course of war. Ex.
Tampico, Mexico occupied by American
troops during the war with Mexico

3. That established an independent
   government by the inhabitants of a
   country who rise in insurrection against
   the parent state.